Current through Register 2024 Notice Reg. No. 38, September 20, 2024
Incarcerated persons may possess only the personal
property, materials, supplies, items, commodities and substances, up to the
maximum amount, received or obtained from authorized sources, as permitted in
these regulations. Possession of contraband as defined in section
3000 may result in disciplinary
action and confiscation of the contraband.
(a) Dangerous Property. Incarcerated persons
shall not possess or have under their control or constructive possession any
weapons, explosives, explosive making material, poisons or any destructive
devices, nor shall they possess or assist in circulating any writing or voice
recording which describes the making of any weapons, explosives, poisons, or
destructive devices. Incarcerated persons shall not possess wireless
communication devices capable of making or receiving wireless communications,
except as expressly authorized by the Secretary, pursuant to subsection
3190(k)(8).
(b) Money. Incarcerated persons may not
possess money. If an incarcerated person finds money and voluntarily surrenders
it, and the rightful owner does not claim it within 30 days, it will be
credited to the incarcerated person's trust account.
(c) Except as authorized by the institution
head, incarcerated persons shall not possess or have under their control any
matter which contains or concerns any of the following:
(1) Any matter of a character tending to
incite murder; arson; riot; or any form of violence or physical harm to any
person, or any ethnic, gender, racial, religious, or other group.
(2) Blackmail or extortion.
(3) Contraband, or sending or receiving
contraband.
(4) Plans to escape or
assist in an escape.
(5) Plans to
disrupt the order, or breach the security, of any facility.
(6) Plans for activities which violate the
law, these regulations, or local procedures.
(7) Coded messages.
(8) A description of the making of any
weapon, explosive, poison or destructive device.
(9) Illustrations, explanations, and/or
descriptions of how to sabotage or disrupt computers, communications, or
electronics.
(10)
Diskettes.
(11) Catalogs,
advertisements, brochures, and other commercial material which are obscene in
nature as described in subsection (15) below.
(12) Maps depicting any area within a ten
mile radius of a facility.
(13)
Gambling or a lottery.
(14)
Markings on the envelope which are obscene in nature as described in subsection
(15) below.
(15) Obscene material
and mail containing information concerning where, how, or from whom obscene
material may be obtained.
(A) Obscene
material means material taken as a whole, which to the average person, applying
contemporary statewide standards, appeals to the prurient interest; and is
material which taken as a whole, depicts sexual conduct; and which, taken as a
whole, lacks serious literary, artistic, political, or scientific
value.
(B) When it appears from the
nature of the matter or the circumstances of its dissemination, distribution,
or exhibition that it appeals to deviant sexual groups.
(C) Material subject to the tests in
paragraphs (A) or (B) includes, but is not limited to pictures or images that
depict:
(1) Penetration of the vagina or
anus, or contact between the mouth and the genitals.
(2) Bestiality, sadomasochism, or an
excretory function including urination, defecation, or semen.
(3) Nudity of a minor, or person who appears
to be under 18 years old.
(4)
Conduct which appears to be non-consensual behavior.
(5) Conduct which is or appears to be
forceful, threatening, or violent.
(6) Conduct where one of the participants is
a minor, or appears to be under 18 years old.
(D) Text-only material shall not be
considered obscene unless designated by the Division of Adult Institutions
(DAI). DAI shall then place the designated text-only material on the
Centralized List of Disapproved Publications, subject to subsection
3134.1(e).
(16) Material that is reasonably
deemed to be a threat to legitimate penalogical interests.
(17) Sexually explicit images that depict
frontal nudity in the form of personal photographs, drawings, magazines, or
other pictorial format.
(A) Sexually explicit
material shall be defined as material that shows the frontal nudity of either
gender, including the fully exposed female breast(s) and/or the genitalia of
either gender.
(B) The following
sexually explicit material shall be allowed:
1. Departmentally purchased or acquired
educational, medical/scientific, or artistic materials, such as books or guides
purchased by the department for inclusion in institution libraries and/or
educational areas; or
2.
Educational, medical/scientific, or artistic materials, including, but not
limited to, anatomy medical reference books, general practitioner reference
books and/or guides, National Geographic, or artistic reference material
depicting historical, modern, and/or post modern era art, purchased or
possessed by incarcerated persons and approved by the institution head or their
designee on a case-by-case basis.
(18) Any tobacco product, or tobacco
cessation product, that contains nicotine.
(19) Written materials or photographs that
indicate an association with validated STG members or associates, as described
in subsections
3378.2(b)(5)-(6).
(20) Any wireless communication device
accessory and component including, but not limited to, a Subscriber Identity
Module (SIM) card, memory storage device, battery, wired or wireless headset,
and charger, except as expressly authorized by the Secretary, pursuant to
subsection
3190(k)(8).
(21) Another incarcerated person's authorized
wireless communication device.
(d) Anything in the possession of an
incarcerated person which is not contraband but will, if retained in possession
of the incarcerated person, present a serious threat to facility security or
the safety of incarcerated persons and staff, shall be controlled by staff to
the degree necessary to eliminate the threat.
Note: Authority cited: Section
5058, Penal
Code. Reference: Sections
2600,
2601,
2772,
2790,
4574,
4576,
5030.1,
5054 and
5057, Penal
Code.
Note: Authority cited: Section
5058, Penal
Code. Reference: Sections
2600,
2601,
2772,
2790,
4574,
4576,
5030.1,
5054 and
5057, Penal
Code.
